Persons Liable Under GST Registration ACT, 2017

Eligibility of GST Registration Under GST ACT, 2017
Persons Liable Under GST Registration ACT, 2017

According to Section 22 of GST ACT, 2017 Persons Liable or for GST Registration In India

  • Every Supplier (or every business) shall be liable to be register under GST Act, 2017, in the state or union territory, other than special category states, from where he makes a taxable Supply of goods or services or both, if his aggregate turnover in the financial year exceeds ₹ 40 lakhs. Provided that where such person (every supplier or every business) makes taxable supplies of goods or services or both from any of the special category States, he shall be liable to be registered if his aggregate turnover in a current financial year exceeds ₹ 20 lakhs.
  • Every Person (every supplier or every business) who, on the day immediately preceding the appointed day, is registered or holds a license under existing law, shall be liable to be registered under this Act with effect from the Appointed day.
  • Where a business carried on by a taxable person registered under this act is transferred, whether on account of succession or otherwise, to another person as a going concern, the successor or the transferee, as the case may be, shall be liable to be registered with effect from the date of such transfer or succession happened.
  • Notwithstanding anything contained in sub-section (1) and (3), in a case of transfer pursuant to sanction of a scheme or an arrangement for amalgamation or, as the case may be, de-merger of 2 or more companies or organizations pursuant to an order of a high court, tribunal or otherwise, the transferee shall be liable to be registered, with effect from the date on which the Registrar of Companies issues a certificate of incorporation giving effect to such order of the high court or tribunal.

Persons Not Liable Under GST Registration ACT, 2017

Persons not eligible for registration under GST ACT, 2017

According to Section 23 of GST ACT, 2017. Persons not liable for registration under GST Registration in India

  • The following persons shall not be liable to registration In GST Act, 2017, Namely:-
    1. Any person (every supplier or every business) engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under this act or under the IGST Act,2017;
    2. An Agriculturist, to the extent of supply of produce out of cultivation of land (i.e. the act or process of preparing the soil for the raising of crops).
    The Government may, on the recommendation of the council by, notification, specify the category of persons who may be exempted from obtained registration under this act.

Eligibility of GST Registration Under GST ACT, 2017

Compulsory Registration Under GST ACT, 2017

According to Section 24 of GST ACT, 2017. Compulsory registration in certain Cases

Notwithstanding anything contained in sub Section (1) of Section 22, the following categories of persons shall be required to be registered under this act,-

  • Person (every supplier or every business) making any inter-state (from state to another state or) taxable supply.
  • Casual taxable persons making taxable supply.
  • Persons who are required to pay tax under reverse charge (RCM);
  • Persons who are required to pay tax under sub-section (5) of section 9;
  • Non-resident taxable person making taxable supply.
  • Persons who are required to deduct tax under section 51 of CGST Act, 2017, whether or not separately registered under this Act;
  • Persons who make taxable supply of goods or services or both on behalf of another taxable person whether as an agent or otherwise;
    Input Service Distributor, whether or not separately registered under this Act;
  • Persons who supply goods or services or both, other than supplies specified under sub-section (5) of section 9, through such electronic commerce operator who is required to collect tax at source under section 52;
  • Every electronic commerce operator [who is required to collect tax at source under section 51 of CGST Act, 2017;
  • Every person supplying online information and database access or retrieval services from a place outside India to a person in India, other than a registered person; and
  • Such other person or class of person as may be notified by the Government on the recommendation of the Council.

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